[ColdNoMore]

Originally Posted by roob1

A local eye group, prior to cataract surgery, requires the patient to sign a document giving up his/her right to sue the doc for liability/malpractice. Patient has to agree to resolve any issue usually open to lawsuit, by arbitration only.

Thoughts???

My first thought is that they've lost a lot of malpractice cases in court and are finding their medical malpractice insurance premiums...to be very high and have decided to go this route.

According to this article, the first thing to do is to find out what the State of Florida laws are...in regards to what is allowed and/or required in the notice to be signed.


Medical Malpractice Arbitration (poke here)

The validity of an arbitration clause can be challenged in court. Courts are somewhat skeptical about arbitration clauses in medical malpractice cases, but most courts generally enforce them, depending on the circumstances.

However, arbitration clauses that fail to comply with state medical malpractice laws are often unenforceable. For example, a state law might require an arbitration clause to clearly indicate that a patient does not need to sign the agreement in order to receive treatment. Any clause that fails to comply with that requirement would probably be unenforceable.